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LAW OF TORTS AND PAKISTANI COMPANIES

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by

anum khan

on 9 December 2013

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Transcript of LAW OF TORTS AND PAKISTANI COMPANIES

CONTENTS
TYPES OF REMEDIES
Vicarious liability
Not fault based; related to escape of dangerous materials and of employer liability for employee


Issues on Border line of tort include
Invasion of privacy,
Abuse of Statuary Administration Power, and
Breach of Confidence

HISTORY
English common law came to India in 1726

Courts were established in India to efficiently administer law

Supreme court of judicature was established;
After 1947 the same laws continued with necessary modifications (Article 268 of 1973 constitution)

General principle was “JUSTICE, EQUITY AND GOOD CONSCIENCE.”
DEFINITION
HISTORY
SUBJECT MATTER
LEADING CASES IN TORT LAW
COMPARISON/DIFFERENCE
LEGAL APPLICATION
PAKISTANI CASES ON TORT LAW
CONCLUSION

Types of Torts
Types of Remedies
Vicarious Liability
Border Line of Tort
Maxims in Tort

LAW OF TORTS
AND
PAKISTANI COMPANIES



Ubi jus, ibi rebedium: There is no wrong without a remedy

Damnum sine injuria: Damage of harmful acts which are not illegal and damages can’t be claimed for them.

Injuria sine damno: An act that has caused no damage but is actionable as a tort.

MAXIMS IN TORT
LAW OF TORTS DEFINED
Tort comes the from Latin word ‘tortum’
which means to twist.

Purpose is to compensate the victim
of certain forms of harmful conduct

It is a civil wrong.
LAW OF TORTS DEFINED
Sir Fredrick Pollock
The creation of nuisance to the prejudice of any person is a tort. Causing harm by negligence is a tort.

Melville Bigelow
It is a breach of duty, fixed by law, and redressible by a suit for damages.

Salmond
Tort is a civil wrong for which the remedy is an action for damages

SUBJECT MATTER
NEGLIGENCE
TRESPASS
NUISANCE
DEFAMATION
CONVERSION
TYPES OF TORTS
LEADING CASES IN TORT LAW
COMPARISON/DIFFERENCE
TORT and CONTRACT
TORT and CRIME
TORT and TRUST, STATUTE

LEGAL APPLICATION
Process for Filing Tort

Tort laws and Companies
In Pakistan businesses can both sue and be sued

PPC protects against defamation and allows for both civil and criminal action

Acts impacting torts
include Defamation Ordinance 2002; Law reform (contributory negligence) Act 1945; Employer’s liability Act 1938; Social Security Ordinance 1965; and Control of Employment Ordinance 1965; Fatal Accidents Act 1855.

Medical Negligence Tort Cases

Public Servant Immunity

Why did law of torts fail to grow in Pakistan?
Court fee is too high
There is no codification of tort law
Contingent fee for lawyers is illegal
Development of Islamic law is given more importance


PAKISTANI CASES OF TORT LAW
Defamation cases
H. Ali vs Messers Pakistan
Herald Publications Pvt, 2007
(case settled in 6 years)

S. M. Rashid vs M. Nizami Editor in Chief The Nation and Nawa e Waqt Lahore and another, 2002
(case settled in 6 years)

Invasion of privacy case
MD Tahir Advocate vs Director State Bank of Pakistan Lahore and 3 others, 2004
(case settled in 1 year)

Tort of deceit case 
Standard Chartered Bank vs Pakistan National Shipping Corporation, 2002
(case settled in 4 years)


The cases show that proving tortious
liability is a difficult task; people become hesitant to sue.

Also in these cases, rulings took 4 to 6 years.

Prolonged legal battles and the accompanying litigation costs deter the effectiveness of tort laws

CONCLUSION
The tort law in Pakistan is deficient in many ways
It is imperative to fill the gaps in the legal system
Public servant immunity needs to be curbed
Dearth of consumer protection law implementation leads to exploitation.
Pakistani legislature and the judiciary need to work together to devise air tight laws accompanied with strict implementation.
LAW OF TORTS
AND
PAKISTANI COMPANIES
BBA 5(A)

Abdul Haseeb
Mutahar
Anum Fatima

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